Can I use just assets for the Affidavit of support?

[amishbaby 407]

If I have just assets, would I be able to use that for the affidavit of support? I don't have employment right now, still finishing my degree which will be a few years. I am looking for a joint sponsor but it's not as easy. I am thinking of going the route of simply using assets. How do I go about figuring out how much in assets I would need? There would be 3 people living in the house we rent. Me, my mom, and him. Would just assets be fine and if so, can someone give me an idea how much I would need?

Thanks in advance.

[Hypnos 6,576]

Yes, you can use assets. You need to demonstrate 5x the level of income you need when using assets alone. For a household of three, you would need to demonstrate approximately $125,000 in liquid assets (bank accounts, cash, etc.) when obtaining the K-1 visa. This would be reduced to 3x when applying for AoS, so ~$75,000.

The alien's assets can be counted as well as the US citizen petitioner's.

[KayDeeCee 4,891]

There are no specific instructions on how much in assets are needed for the I-134. They often go by the guidelines of the I-864 for the I-134 too, so could probably need only 3 times in assets for the K-1 visa as well.

If you do not claim your mother as a dependent on your taxes, then she would not be counted in your household. You only need enough for a household of 2. You would need a bare minimum of $60,075 in assets. It will still be up to the sole discretion of the CO as to whether or not they believe the intending immigrant will become a public charge or not.

If your mother has income and meets the requirement, then she can be your co-sponsor. She would need enough for herself and your fiance(e). If she claims you as a dependent on her taxes, then she would need to meet the requirement for a household of 3 instead.

[amishbaby 407]

Yes, you can use assets. You need to demonstrate 5x the level of income you need when using assets alone. For a household of three, you would need to demonstrate approximately $125,000 in liquid assets (bank accounts, cash, etc.) when obtaining the K-1 visa. This would be reduced to 3x when applying for AoS, so ~$75,000.

The alien's assets can be counted as well as the US citizen petitioner's.

Wow, lots of money. I could try saving up, although it would take me a while. I am still working on finding a joint sponsor. My moms income alone isn't enough and I've been asking others that I know. So far no one will sponsor. Thanks for the information.

[amishbaby 407]

There are no specific instructions on how much in assets are needed for the I-134. They often go by the guidelines of the I-864 for the I-134 too, so could probably need only 3 times in assets for the K-1 visa as well.

If you do not claim your mother as a dependent on your taxes, then she would not be counted in your household. You only need enough for a household of 2. You would need a bare minimum of $60,075 in assets. It will still be up to the sole discretion of the CO as to whether or not they believe the intending immigrant will become a public charge or not.

If your mother has income and meets the requirement, then she can be your co-sponsor. She would need enough for herself and your fiance(e). If she claims you as a dependent on her taxes, then she would need to meet the requirement for a household of 3 instead.

My mom claims me since I am still in university and living with her. What do you think I should save up to just to be at a safety net? I know it's at the discrepancy of the CO. I think it's worth a shot regardless. Another user on here said I can use the assets of the alien, is that true?

Thanks for the info.

[Penguin_ie 5,984]

Assets of the foreigner are not usually counted, especially if they are abroad. If they were in a joint bank account with you that would be different.

[Hypnos 6,576]

From the I-864 instructions:

Page 8:

"If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s)".

Page 9:

"You may use the assets of the intending immigrant regardless of where he or she resides".

[aa1979 99]

I have read in most places that you only need three times the cut-off line... But every now and then, I see those who say you need five times the cut-off line. Does anyone know for sure of someone is:

1) unemployed
2) have very good potential for future employment due to pursuing education

3) have assets of 3x the cut-off line (say in real estate +/- saving accounts)

, and with all that it has worked and that they got the visa?

[Hypnos 6,576]

3x is for a spouse of or a minor child of a US citizen.

5x is for all other categories.

This is clearly stated in the I-864 instructions.

Edited August 21, 2016 by Hypnos

[Unshakable Faith 493]

I have read in most places that you only need three times the cut-off line... But every now and then, I see those who say you need five times the cut-off line. Does anyone know for sure of someone is:

1) unemployed

2) have very good potential for future employment due to pursuing education

3) have assets of 3x the cut-off line (say in real estate +/- saving accounts)

, and with all that it has worked and that they got the visa?

It must be liquid assets, things that can be easily turned into cash. Real estate does not count if it is the primary residence I believe.

[lost_at_sea 995]

Also, it's worth noting that although embassies can be lenient with the I-134, the I-864 is much stricter and there won't be the same wiggle-room.

A co-sponsor is the best bet - remember someone can help if they are: over 18 + a US Citizen or Legal Permanent Resident + resident in the USA (and of course, they have the required financials to cover themselves, their dependants and the incoming immigrant).

[aa1979 99]

Putting your home as an asset is Ok to do. I am wondering if an estimate from a professional real estate agent estimate of the value of the house would work, which shows their math and how they got the estimate and on what basis in details? Does that work in addition to the yearly estimate done by the state for tax purposes?

[Hypnos 6,576]

Again, this is answered in the I-864 instructions.

Page 9:

"If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home".

[KayDeeCee 4,891]

3x is for a spouse of or a minor child of a US citizen.

5x is for all other categories.

This is clearly stated in the I-864 instructions.

But those instructions do not exactly pertain to the I-134 for the K-1 visa. Those same strict, clearly laid out I-864 instructions do not exist for the I-134.

They tend to use the I-864 requirements as guidelines for the I-134 since the I-864 will be needed soon after marriage in the US, BUT they do not have to. If they are going to use the I-864 requirements, then it would be at 3 times for a spouse/fiance(e). I do not think fiance(e) falls into the 'other' category as they are soon to be the spouse, and would be using the I-864 as guidance because of that fact.

They do not even actually require an I-134 for a K-1 approval. The CO has a large amount of leeway in deciding whether or not they believe the intending immigrant will become a public charge or not. They can accept fewer assets, or none at all. The decision is theirs alone.

YES, the foreign fiance(e)'s assets can be used, but not at most consulates. Some places allow self-sponsorship. London is very much known for this, though there are other consulates that mention this in their instructions. Ask your consulate directly.

And YES, a home, even if you currently live in it as your only property and residence, can be listed. You need an appraisal and documentation of liens against it in order to get the net value.

And I agree with lost_at_sea. The I-134 is more lax and not even legally binding, BUT once in the US and married, you must provide the I-864 when filing for AOS. You will need to meet those strict, outlined requirements soon enough, so keep that in mind.

[Hypnos 6,576]

True.

The I-134 really just need to go away; it's a superfluous step in an already complicated process. Use I-864s for the embassy too, update them for AoS if anything has changed. Boom, done.

Far too simple for USCIS/DoS no doubt.